Drug offences fall under the Opium Act and range from personal use to large-scale trafficking. The penalty depends on the type of drug and the quantity involved.
Regulations in the Opium Act
The Opium Act distinguishes between hard drugs (List I) and soft drugs (List II), with different penalties for each.
Hard Drugs (List I)
- Heroin and cocaine
- Amphetamine and MDMA (ecstasy)
- LSD and GHB
- Methadone
Soft Drugs (List II)
- Cannabis (marijuana and hashish)
- Dried magic mushrooms
- Sleeping pills and sedatives
Punishable Offences
The Opium Act penalises various acts involving drugs, depending on their nature and severity.
Maximum Penalties
| Offence | List I (max.) | List II (max.) |
|---|---|---|
| Possession | 4 years | 2 years |
| Sale/trafficking | 8 years | 4 years |
| Import/export | 12 years | 4 years |
| Manufacture | 8 years | 4 years |
Tolerance Policy for Cannabis in Leiden
In the Netherlands, including Leiden, there is a limited tolerance policy for cannabis, with strict rules.
Rules for Coffeeshops
- No advertising or display
- No sale of hard drugs
- No causing nuisance
- No sale to persons under 18 years
- Maximum 5 grams per transaction
- Trading stock limited to 500 grams
Drug Laboratories and Penalty Enhancements
The production of synthetic drugs such as ecstasy or amphetamine is strictly enforced.
Aggravating Circumstances
- Professional production: penalty increase by 1/3
- Large quantities: heavier sanctions
- Link to criminal organisations: additionally punishable
Preparation of Drug Offences
Under the Opium Act (art. 10a), the preparation of drug-related crimes is also punishable.
Examples of Preparation
- Possession of basic materials (such as PMK or BMK)
- Storage of production materials
- Rental of premises for drug manufacture
Frequently Asked Questions about Drug Offences in Leiden
What is the difference between hard and soft drugs?
The Opium Act divides drugs into hard drugs (List I, such as cocaine and heroin) and soft drugs (List II, such as cannabis). Hard drugs are completely prohibited and more heavily penalised, while soft drugs fall under a tolerance policy but are still illegal.
How much cannabis may I possess without penalty?
A maximum of 5 grams of cannabis for personal use is often tolerated, but not legal. Over 30 grams is considered trafficking, which has criminal consequences.
What happens if caught with hard drugs?
This depends on the quantity and type of drug. For personal use, the penalty can be up to 4 years, often with a fine. Trafficking or production can lead to 8 to 12 years' imprisonment, especially with criminal involvement.
May I grow weed at home for personal use?
No, growing cannabis is prohibited, even in small quantities. If discovered, you risk seizure and a fine or penalty.
What are the consequences of involvement in a drug lab?
Production of synthetic drugs is a serious offence. Involvement in a drug laboratory can lead to high penalties, especially in large-scale operations or criminal networks.
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46